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02-20-96 FEBRUARY 20, 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, February 20, 1996. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Dr. Warren Langer, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Attorney stated there is a change to Item 8.B., UNDERGROUND CONDUIT INSTALLATION AGREEMENT WITH FLORIDA POWER & LIGHT/MORIKAMI WELLFIELD PROJECT. Paragraph 4. concern- ing indemnification provisions is to be deleted from the agree- ment. With this change, the item can be approved on the consent agenda. Dr. Alperin requested that Item 8.I., REVIEW OF APPEAL- ABLE LAND DEVELOPMENT BOARD ACTIONS, on the consent agenda be moved to the regular agenda as Item 9.A.A. Mr. Randolph moved to approve the Agenda as amended, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Dr. Alperin moved to approve the Minutes of the Regular Meeting of February 6, 1996, and the Special Meeting of February 13, 1996, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. "1995 Beach Patrol of the Year" award given by the Florida Beach Patrol Chiefs Association. Mayor Lynch read a proclamation recognizing Delray Beach's Ocean Rescue Patrol as the recipient of the "1995 Beach Patrol of the Year" award. The Mayor presented the proclamation to Rich Connell, Beach Supervisor, and commended the Ocean Rescue Patrol for their dedicated and outstanding service to the commu- nity. 7. Presentations= 7.A. Resolution No. 15-96 recognizing and commending Arthur Garland for 40 years of service to the City of Delray Beach The City Manager presented Resolution No. 15-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ARTHUR GARLAND FOR FORTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 15-96 is on file in the offi- cial Resolution Book) The City Attorney read Resolution No. 15-96 recognizing and commending Arthur Garland for forty years of dedicated ser- vice to the City of Delray Beach. Mayor Lynch presented the resolution to Mr. Garland and thanked him for his many years of service. Dr. Alperin moved to approve Resolution No. 15-96, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 7.B. Presentation of plaque in recognition of City emDloyees with 25 or more years of service. Mayor Lynch stated that the City would like to recog- nize certain employees who have served for 25 years and more. To this end, he presented to the City Manager a plaque containing the names of eight employees who have achieved this milestone. The City Manager introduced and thanked the following employees for their contributions to the City: Robert Phillips, Engineering Inspector (25 years) Leroy "Joe" Thomas, Streets/Traffic (25 years) Norma Smith, Code Enforcement (26 years) Octavio Barrera, Jr., Fleet Maint. (27 1/2 years) --2-- Sgt. Matthew "Bump" Mitchell, Police Dept. (28 years) Nathaniel Tucker, Parks and Recreation (32 years) Robert Garland, Wastewater/Sewer (40 years) Arthur Garland, Code Enforcement (40 years) The City Manager stated that the plaque will be displayed in the City Hall lobby. As other employees achieve 25 years of service, their names will be added to the plaque. 7.C. Presentation by the following companies concerning the High Speed Rail (HSR) Transportation System: 7.C.1. Rail Florida Dan Wilde, Keith and Schnars, P.A., spoke on behalf of Rail Florida, one of the five proposals submitted to the Florida Department of Transportation to develop a high speed inter-city rail transportation system in Florida. Rail Florida is a consor- tium led by Raytheon Infrastructure Service Corporation, in concert with Keith and Schnars, P.A., ABB Traction, Inc., and Amtrak. Mr. Wilde reviewed with the Commission Rail Florida's Executive Summary prepared as part of the franchise application for the high speed transportation system. 7.C.2. Florida Maglev Consortium The representative from Florida Maglev Consortium was not present to give his presentation. 7.C.3. Florida Overland Express Herb Burnham, Director of Project Services, presented the Florida Overland Express proposal and executive summary for the high speed rail system, which is known as "FOX". This part- nership is composed of four companies, Fluor Daniel, Odebrecht Contractors of Florida, GEC Alsthom, and Bombardier. GEC Alsthom is the company out of Prance that has the TGV technology which is one of the finest high speed rail systems in the world. Mr. Burnham stated that the FOX proposal is for an initial route to provide service between Miami and Orlando and between Orlando and Tampa. FOX service may eventually be extended into Fort Lauder- dale, downtown Orlando, and St. Petersburg. After the main portion of the system is underway, service may also be extended to Jacksonville and then to other parts of Florida. He explained that FOX selected the French TGV system because it is the fast- est, most reliable, and safest rail system in the world today. On question from Mayor Lynch, Mr. Burnham stated the cost of the FOX proposal is approximately $4.8 billion dollars. After a brief discussion, Mayor Lynch thanks Mr. Wilde and Mr. Burnham for their presentations. 8. CONSENT AGENDA: City Manager recommends approval. --3-- 8.A. DONATION AGREEMENT/IBM TECHNICAL GIFTS PROGRAM: Ap- prove agreement and formally accept IBM's donation of twelve (12) personal computers for the City's After School Program. 8.B. UNDERGROUND CONDUIT INSTALLATION AGREEMENT WITH FLORIDA POWER & LIGHT/MORIKAMI WELLFIELD PROJECT: Approve an Underground Conduit Installation Agreement with Florida Power & Light for the Morikami Park Wellfield project, and authorize payment in the amount of $9,088 to FP&L for underground conduits and service. 8.C. AGREEMENT TO AMEND BYLAWS OF BLOCK 60 PARKING CONDOMIN- IUM ASSOCIATION: Approve an agreement to amend the Block 60 Parking Condominium Association bylaws to change from a calendar year to a fiscal year commencing October 1st and ending September 30th, and providing for an annual review of accounts as opposed to an audit. 8.D. RESOLUTION NO. 16-96: Adopt a resolution supporting the application for and institution of an International Baccalau- reate Middle School Years Program at Carver Middle School, and requesting the School Board of Palm Beach County to approve the program for fiscal year 1997. The City Manager presented Resolution No. 16-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE APPLICATION FOR AND INSTITUTION OF AN INTER- NATIONAL BACCALAUREATE MIDDLE SCHOOL YEARS PROGRAM AT CARVER MIDDLE SCHOOL, AND REQUEST- ING THE SCHOOL BOARD OF PALM BEACH COUNTY TO APPROVE THIS PROGRAM FOR FISCAL YEAR 1997; PROVIDINGAN EFFECTIVE DATE. (Copy of Resolution No. 16-96 is on file in the offi- cial Resolution Book) 8.E. RESOLUTION NO. 17-96: Adopt a resolution requesting the 1996 Florida Legislature to provide adequate funding for the preservation and repair of the State's beaches, to recognize the need for funding non-federal projects, and to identify a long- term dedicated funding source. The City Manager presented Resolution No. 17-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE 1996 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, TO RECOGNIZE THE NEED FOR FUNDING NON-FEDERAL PROJECTS, AND TO IDENTIFY A LONG-TERM DEDICATED FUNDING SOURCE; PROVIDING AN EFFECTIVE DATE. -4- (Copy of Resolution No. 17-96 is on file in the offi- cial Resolution Book) 8.F. RESOLUTION NO. 18-96: Adopt a resolution assessing costs for abatement action required to remove nuisances on 28 properties throughout the City. The City Manager presented Resolution No. 18-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 18-96 is on file in the offi- cial Resolution Book) 8.G. CONTRACT AMENDMENT ~I/FLORIDA ENERGY EFFICIENT WATER PROJECT: Approve Amendment #1 to the contract with Tri-County Community Council, Inc. in conjunction with the Florida Energy Efficient Water Project (FEEWP) for cleaning of sewer transmis- sion mains. Total amount of the contract amendment is $166,510 (City's 50% share $83,255), plus $16,257 unqualified cost via State contract for Professional Piping Services, Inc. to perform the work. Total City cost $99,512 which is available from #442- 5178-536-34.90 (energy savings calculated at $19,500 annually for payback within ten year program period). 8.H. AMENDMENT TO TED CENTER'S CDBG FUNDING AGREEMENT: Approve an amendment to the funding agreement with The Center for Technology, Enterprise and Development, Inc. (TED Center) to change the address from 132 West Atlantic Avenue to 22 S.E. 1st Avenue. 8.I. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.J. SALARY ADJUSTMENT FOR ASSISTANT CITY ATTORNEY: Approve a mid-year salary adjustment for an Assistant City Attorney as recommended by the City Attorney. 8.K. AWARD OF BIDS AND CONTRACTS: -5- Bid award via Palm Beach County School Board Contract to Corporate Express for office supplies, at an estimated annual cost of $35,000 from vari- ous departments' operating expense accounts. 2. Bid award to Gateway 2000 for the purchase of six P5-100 Mhz Pentium Processor Computers, replace- ments for the Police Department Support Division, via GSA Contract at a total cost of $13,242 from 334-6112-519-64.11. 3. Purchase award to Van Hooser Associates, Inc. for leadership training classes for Police Department personnel, in the amount of $12,500 from the Federal Forfeiture Fund 115-2112-521-49.90. 4. Bid award to Maroone Chevrolet, Ed Morse Chevro- let, Regency Dodge, John Deere Company, and Boca Honda, for replacement vehicles, in the total amount of $115,675 from various department line items. Mr. Ellingsworth moved to approve the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period February 5 through February 16, 1996. With respect to the Site Plan Review and Appearance Board's review of a request to change the architectural eleva- tions of a commercial building (Silver Plating of Delray located at the southwest corner of George Bush Boulevard and N.E. 6th Avenue) by replacing the boarded-up windows and installing wire lath and stucco over the window openings, Dr. Alperin asked if there would be any windows in the building? The City Manager stated there are windows with glass in the building now, but there are also some boarded-up windows. The applicant wants to stucco over the boarded windows. The City Manager noted the request was tabled by SPRAB so no action has been taken at this time. Dr. Alperin stated his concern is with a building in such a prominent location looking like a concrete block. Dr. Alperin also inquired about SPRAB's approval for Ostermann Sausage Company, which includes the elimination of the sidewalk requirement along S.E. 3rd Street. The City Manager stated that SPRAB approved eliminating the sidewalk on S.E. 3rd Street only; they will still be required to build a sidewalk on S.E. 1st Avenue. Dr. Alperin moved to receive and file the report, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.A. FRIENDS OF SANDOWAY HOUSE/SUBLEASE AGREEMENT AND OPER- ATING SUPPORT REQUESTS: Consider a request from The Friends of Sandoway House Nature Center, Inc. for City support concerning operating costs, together with the proposed sublease agreement. The City Attorney clarified that the sublease before the Commission this evening is a draft. It will be brought back for approval when it is finalized. On question from Mr. Ellingsworth, the City Manager stated that he feels the City can provide the recommended support within our budgetary constraints. He noted that every new project is additional work for existing staff. In this instance, the grounds maintenance is primarily what the City will be taking on. Since the property is located between Sandoway Park and Ingraham, functionally it is like one big park and it is appro- priate to have all of the grounds maintained by one organization. Mr. Ellingsworth commented he was very pleased to see that staff could provide the support as recommended. However, he would like to see included in any agreement a provision that the City will not provide any employees to staff the facility. Discussion by the Commission followed regarding the draft lease agreement. The City Manager clarified that a number of the recommendations on City support for operating costs will not be contained in the lease agreement, but will be part of a management or operating agreement. The City Attorney stated the intent is to tailor the sublease agreement similarly to what is being with the Boys and Girls Club. She indicated there is a proposed change to Article IV, 4.01(B) (2), which now reads, "the exterior building mainte- nance including the roof", to read, "the exterior building main- tenance including the roof once the exterior of the building has been renovated and brought up to standards by the sublessee". Also, as far as insurance in general, the City Attorney stated her office has included in the sublease public liability insur- ance which will indemnify the City. Mayor Lynch asked if there is anything in the agreement that states if the County gives the building to the City some day, will everything remain as is? In response, the City Attor- ney stated this has not been addressed. Mayor Lynch suggested putting some language into the agreement to reflect this, in case the County decides to turn the building over to the City at some point in the future. Carolyn Patton, President of the Friends of Sandoway House Nature Center, Inc., thanked the City Manager and the City Attorney for answering her requests so quickly and keeping the momentum going for providing this new resource. With respect to item #15 on the list (request for necessary sidewalk, parking improvements), Ms. Patton explained that hopefully the Nature Center will be able to use the existing parking in Ingraham and Sandoway for the interim, possibly by adding one or two handicap spaces at the east end of the Ingraham lot since that is where the Nature Center will be providing its handicap entrance. In the long run, if Ingraham is expanded, perhaps the Center could dovetail in and have some dedicated parking. As for the side- walk, Ms. Patton explained that if for safety reasons it is decided that a sidewalk is needed on the west side of A1A, then perhaps the City and the Nature Center could work together on that as well. On further discussion, it was the consensus of the Commission to accept the staff recommendations, with direction to continue toward finalization of the appropriate agreements. 9.B. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Consider a request to close Atlantic Avenue from Swinton Avenue to N.E. 6th Avenue and grant a temporary use permit for Art and Jazz on the Avenue on March 7, 1996. Also consider the necessary staff support as well as incurring the extra costs for overtime and barricade rental. Mayor Lynch stated he is in favor of the request, but would like to try it on a trial basis to see how it works. The City Manager stated the intent is to do it one time to see how it works out. If it does work and it is decided we want to continue with it, then the costs involved will need to be discussed. Kevin Egan, Chairman of the CRA, commented that if the street closing works, it will probably be needed for only two or three of the Art & Jazz events during the year. During the summer it is generally not warranted, but during the season the crowds are getting bigger and bigger for these events. Mr. Randolph moved to approve the street closure re- quest for Art and Jazz on the Avenue to be held on March 7, 1996, on a trial basis with the costs to be reviewed thereafter, sec- onded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. A1perin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.C. RESOLUTION NO. 13-96/CONTRACT FOR SALE AND PURCHASE OF PATEL PROPERTY: Consider a resolution authorizing the City to purchase certain property located at 2228 Seacrest Boulevard, and accepting the Agreement for Purchase and Sale of same. The City Manager presented Resolution No. 13-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED AT 2228 SEACREST BOULEVARD AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCOR- PORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 13-96 is on file in the offi- cial Resolution Book) The City Attorney stated the proposed contract contains the same terms as before. There has been no movement by Mr. Patel on his price or picking up any of the costs associated with the environmental surveys and anything we might find on the property. However, it does give an additional sixty (60) days for the City to continue with our inspection of the site, and thirty (30) days to close thereafter. The City Manager stated this piece of property is not essential to the project, but the project certainly works better and the whole area will benefit if we are able to successfully incorporate it into project. There are some remaining environ- mental issues which need to be cleared up, but he is optimistic that these concerns can be resolved. He feels the City should go ahead and acquire the property for the original price as long as there are no outlandish environmental costs. Dr. Alperin stated he is in favor of acquiring the property so long as the City does not end up with unreasonable environmental costs. In response to Dr. Alperin, the City Attorney stated that if the City finds something within the sixty day inspection period, then we do have a way out. The contract can be cancelled within that sixty day period. However, if something comes up after the sixty day period, then we are committed and we are indemnifying B.P. Oil. Discussion by the Commission followed. Dr. Alperin moved to deny Resolution No. 13-96, second- ed by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion to deny passed with a 5 to 0 vote. 9 9.D. PINEAPPLE GROVE MAINSTREET AGREEMENT (INTERLOCAL AGREE- MENT WITH THE COMMUNITY REDEVELOPMENT AGENCY): Consider an interlocal agreement between the City and the Community Redevel- opment Agency setting forth the repayment obligations of the CRA with respect to the Pineapple Grove Mainstreet Program loan. The City Attorney explained that this agreement formal- izes the Commission's prior agreement to loan to the CRA $30,000.00 each year for a three year period ($90,000.00 in total) for the Pineapple Grove Mainstreet Program to be repaid by the CRA from increased Tax Increment Financing Funds (T.I.F.S.). However, the agreement as she has drafted it, contains certain provisions which the CRA feels should be clarified or eliminated. For example, as drafted the agreement calls for repayment from T.I.F.S. throughout the entire CRA area versus repayment from T.I.F.S. in the Pineapple Grove Mainstreet area. Also, certain details concerning payback periods and interest which may become due on any outstanding amount. Kevin Egan, Chairman of the CRA, feels that the payback money should come from increased T.I.F.S. generated from the Pineapple Grove Mainstreet area. He is confident the program will be successful and the money will be repaid. As for the interest, the agreement is drafted so that no interest will be due for ten years or until 2005. Mr. Egan stated that if the money has not repaid in ten years, then the program will have failed and the money won't be there. Since the CRA is confident the program will not fail and the money will be repaid within ten years, there is no need to include the interest. Mayor Lynch commented that since everyone is comfort- able that the program will be successful, the interest is basi- cally a moot point. The money will be repaid well before ten years so the interest will not come into play. As for the money being repaid from increased T.I.F.S. generated solely from within the Pineapple Grove Mainstreet area versus repayment from T.I.F.S. generated throughout the entire CRA area, it was the consensus of the Commission that repayment be from T.I.F.S. throughout the entire area. The Commission felt that by imposing this requirement, the CRA would have more of a vested interest in ensuring the Mainstreet Program's success. Mayor Lynch commented that he believes the program will be successful. However, if it turns out the program fails, the agreement as drafted by the City Attorney contains some safe- guards for the City to get its money back and that is in the best interests of the City. Mr. Ellingsworth moved to approve the Pineapple Grove Mainstreet Agreement (Interlocal Agreement with the Community Redevelopment Agency) as written by the City Attorney, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; -10- Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 9-96: An ordinance rezoning a 0.91 acre parcel of land from RM (Medium Density Residential) to CBD-RC (Central Business District-Railroad Corridor). The subject property is located at the southeast corner of S.E. 1st Avenue and unimproved S.E. 6th Street, west of the F.E.C. Railway. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 9-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CBD-RC (CENTRAL BUSINESS DISTRICT-RAILROAD CORRI- DOR); SAID LAND BEING LOT 5, PLAT OF ANDERSON BLOCK, AS MORE PARTICULARLY DESCRIBED HEREIN, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 9-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. This is a change of zoning from multi-family residential (6-12 units per acre) to the CBD-RC -11- (Central Business District-Railroad Corridor). The subject property is an unplatted parcel of land which is currently vacant and consists of 0.91 acres. If the rezoning is approved, it is anticipated that a development proposal will be submitted to construct a light industrial type development. Additional back- ground and an analysis of the request is found in the Planning and Zoning Board staff report. This item came up after the owner received notification about the City-initiated rezoning of adjacent properties to CBD-RC when that zoning district was adopted. The owner, who has had difficulty developing the property under the multi-family zoning, approached the City about having his parcel included in the rezoning. At that time, staff could not accommodate him because the advertising was already completed based on a specific geographic area. The Community Redevelopment Agency reviewed this item on January 11, 1996, and recommended that the rezoning be ap- proved. At public hearing on January 22, 1996, the Planning and Zoning Board received no public testimony, and the Board voted 6-0 to recommend approval, based on positive findings with respect to Chapter 3 (Performance Standards) of the LDRs, poli- cies of the Comprehensive Plan, and LDR Section 2.4.5(D) (5). Charles E. Lee, owner/applicant, presented and reviewed a rendering of his development plans for the site. There being no one else who wished to address the Commission, Mayor Lynch closed the public hearing. Discussion by the Commission followed. Concern was expressed by Mayor Lynch about the potential for automotive uses on the site. Dr. Alperin moved to approve Ordinance No. 9-96 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No. Said motion FAILED to pass with a 3 to 2 vote. Subsequent to roll call, the City Manager clarified that the dissenting members would prefer to see the property in a zoning district which does not allow the automotive uses. 10.B. ORDINANCE NO. 12-96: An ordinance amending Chapter 35, "Employee Policies and Benefits", "Retirement Plan", of the City Code by amending subsection (D), "Employee", of Section 35.089, "Definitions". Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 12-96: -12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION (D), "EMPLOYEE", OF SECTION 35.089, "DEFINITIONS"; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 12-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 12-96 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 3 to 2 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearings. 11.A. City Manaqer's response to prior public comments and inquiries. In response to an inquiry about the street lighting on Homewood Boulevard, the City Manager stated that from Lowson Boulevard north to Atlantic Avenue, the lighting has been upgraded from 9,500 lumens to 16,000 lumens. The segment between Lowson and Linton is being looked at to determine if there are alternatives to the existing lighting. The Manager stated he feels the basic problem is that the poles are set well back from the street, which is fairly wide, and there is lighting on only the west side of the street. Based on what has been done elsewhere in the city, the nature of the street does not warrant any more lighting. With respect to the inquiry about getting a traffic signal at the intersection of S.W. 10th Street and S.W. 10th Avenue, the City Manager reported that the City did request a light at that location from Palm Beach County. However, the request was denied on October 30, 1995. The traffic study performed by the County at that time showed that a traffic light was not warranted. The County did agree to re-do the study in January of 1996, but staff has not been able to find out yet whether the study has, in fact, been re-done. ll.B. From the public. -13 - ll.B.1. Lillian Feldman, resident of the Pines of Delray, clarified that her previous inquiry was concerning the street lighting on Homewood Boulevard from Linton Boulevard north to Atlantic Avenue, not Lowson Boulevard. She is still concerned that the street is too dark. The City Manager reiterated that the lighting has been upgraded from 9,500 lumens to 16,000 lumens along the segment of Homewood Boulevard from Lowson to Atlantic Avenue. From Lowson south to Linton Boulevard, the lighting has been upgraded only to 9,500 lumens. He felt staff could look at this segment again to see if the lighting should be further upgraded from 9,500 to 16,000 lumens. In response to a suggestion from Mrs. Feldman, the City Manager explained that the only streets which have lights on both sides are 4-lane and 6-lane streets that are major arteries. Mayor Lynch suggested to Mrs. Feldman that she drive she feels there is a noticeable difference between the lighting on that segment as opposed to the lighting between Lowson and Linton, and then come back to the Commission with her report. ll.B.2. Jean Beer, Tropic Boulevard, informed the Commission that U.S. Congressman Mark Foley will be attending a meeting at the Community Center on Wednesday, February 21, 1996, at 7:00 p.m. Mrs. Beer felt this would be an excellent opportunity for members of the Commission to get information to Congressman Foley on the EPA regulations (NPDES permit) that will be extremely costly to the city. ll.B.3. Tom Fleminq, 215 N.E. 1st Avenue, announced that the Mainstreet Program will hold a Planning and Design Charrette on March 2nd and 3rd, from 8:00 a.m. until 5:00 p.m. on both days. The charrette will be held in the 2nd Floor Conference Room at the main Fire Station, 501 West Atlantic Avenue. The goal is to produce a plan for the Mainstreet project. The charrette is open to everyone and public participation is encouraged. As far as professional participation, it is being organized by Robert Currie, the Mainstreet Design Committee Chairman. The facilitator will be Charles Zucker. On Friday evening, March 1st, a preview of the charrette will be conducted by Victor Dover at the Colony Hotel at 7:30 p.m. Also participating on Saturday will be Tom Spain, Professor of Architecture at the University of Miami, and throughout the weekend Michael Busha and Bonnie Dearborn, Treasure Coast Regional Planning Council, will be participating in the charrette. Mr. Fleming extended an invitation and encouraged everyone's participation in this effort. ll.B.4. Joe K~arata, 764 Avocet Road, stated the center median islands on Lindell Boulevard, between Federal Highway to just west of the tracks in Tropic Palms, are in bad shape from people driving onto them or parking on them. He asked the City to -14- consider curbing these islands to help with their maintenance and appearance. Mayor Lynch commented that there is a drainage problem on this street and to put curbing in before the drainage problem is corrected is not very practical. However, staff will look into the matter. At this point, the Commission moved to the First Readings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 8-96: An ordinance modifying the Commu- nity Redevelopment Plan to accommodate changes to Project %2.4, "Downtown Mixed Use Redevelopment Project", and to establish the "Grant Administration Program". If passed, public hearing on March 5, 1996. The City Manager presented Ordinance No. 8-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICA- TIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FUR- THER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6) (7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 8-96 is on file in the official Ordinance Book) Mr. Ellingsworth moved to approve Ordinance No. 8-96 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission returned to the regular meeting portion of the agenda. 9.E. OFF-DUTY DETAIL RATE OF PAY INCREASE: Consider a request to increase the off-duty rate of pay for Delray Beach Police officers. On question from the Commission, the City Manager stated that the current rate of pay for off-duty Police officers is $17.00 per hour. -15- Mrs. Smith moved to approve the off-duty detail rate of pay increase to $18.00 per hour effective April 1, 1996, and increase the rate of pay to $20.00 per hour on January 1, 1997, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 1997. Commissioner Randolph's appoint- ment. Mr. Randolph moved to appoint Richard Brautigan as an alternate member to the the Board of Adjustment to fill an unex- pired term ending August 31, 1997, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two members to the Education Board to fill an unexpired term ending July 31, 1996, and an unexpired term ending July 31, 1997. The appointments will be made by Commissioner Smith and Commissioner Alperin. Mrs. Smith moved to appoint Rebecca Jennings to the Education Board to fill an unexpired term ending July 31, 1996, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to appoint L.J. "Sandy" Morrissett to the Education Board to fill an unexpired term ending July 31, 1997, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer Regarding the drainage problem on N.W. 3rd Avenue, the City Manager reported that when the drainage system there was constructed, a concrete plug was put in the line at 10th Avenue. Apparently, the 3rd Street portion was done before the 10th Avenue portion, so they just built it and plugged it up, and the plug was never removed. When the contractor was working on the Pompey Park swimming pool, water was being put in and then pumped out into the storm sewer, and the plug is why it was backing up and flooding. It has all been corrected now, but if the swimming -16- pool hadn't been done, it could have been many years before we found the problem. In response to Mrs. Smith's inquiry concerning the status of the ticket booth in Veterans Park, the location has been approved by the Site Plan Review and Appearance Board. There was an application to include an outdoor storage element. This modification was reviewed by the City Attorney and DSMG, and it was determined that the license agreement needs to be amended if the outdoor storage is going to be allowed. Elevations for the ticket booth have been submitted, but have not been scheduled for SPRAB review pending the amendment to the license agreement. The architect (Digby Bridges) has submitted final plans and a cost estimate to the owner. At this time, the owner has not approved proceeding due to cost concerns. The estimate for what has been designed is about $35,000. The City Manager stated that he will be contacting Captain Mark to find out what his inten- tions are at this point. The City Manager informed the Commission that two of the City's wells in the 20-series wellfield (#24 & #25) failed due to the deterioration of the well casings. This has been a recurring problem in this wellfield, and the City is proceeding with plans to re-drill the wells using a non-metallic or stain- less steel casing material. The cost will be approximately $54,000 for each well and will be paid for from the Renewal and Replacement account. The City Manager commented there may be some confusion or misunderstanding about an article in today's Palm Beach Post concerning the East Atlantic Avenue beautification project. It reports, "To appease merchants, officials postpone tearing up the street until April 15." If you read down into the sixth para- graph, it says two lanes of traffic will be open from the Intracoastal bridge to Venetian Drive, and the stretch from Venetian to Ocean Boulevard will be untouched until after the Delray Affair. The City Manager clarified that the present plan is for construction to begin on April 1st. The contractor will be putting in the drainage line in the middle of the street from Venetian back toward the bridge. There will be a lane of traffic open in both directions but there will be construction going on. The City issued the notice to proceed to the contractor some time ago. If we were to tell him not to do it, we would probably have to pay a penalty for delaying the start of the project. On question from Commissioner Ellingsworth, the City Manager stated that there will be a City employee serving as the on-site liaison for this project who will keep the merchants informed. As a final item, the City Manager stated that the March workshop is currently scheduled for Wednesday, March 13th, so as not to conflict with the election. Since the City is not having an election, the Commission may wish to move it back to Tuesday, -17- March 12th, as has been done in the past. It was the consensus of the Commission to move the March workshop meeting date from Wednesday to Tuesday, March 12, 1996. 13.B. City Attorney The City Attorney reported that Assistant City Attorney David Tolces had met earlier in the day with representatives from the newspapers concerning the newsrack ordinance. Ms. Ruby indicated that she had hoped to bring the ordinance to the Com- mission for first reading on March 5th and second reading on March 19th. The newspapers, however, have requested a workshop on the matter which might be difficult to fit in with this sched- ule. After discussion, it was the consensus of the Commis- sion to schedule first reading of the newsrack ordinance for March 5th, with a workshop meeting on March 12th. 13.C. City Commission 13.C.1. Mr. EllinHsworth Mr. Ellingsworth asked the City Manager for a report on the number of accidents which have occurred at the intersection of N.E. 5th Avenue and N.E. 1st Street. 13.C.2. Mr. Randolph Mr. Randolph had no comments or inquiries. 13.C.3. Dr. Alperin Dr. Alperin expressed concern over a memorandum the Commission had received concerning the Waterford development. He felt that the residential element had been approved in anticipa- tion of families moving in, but within all of the existing units there is only one child. From his conversations with the devel- oper, his understanding was that the development was going to be targeted at families. Dr. Alperin suggested that perhaps there should be something to help induce families to move into the area, such as an early learning center as had been suggested by Mr. Kovacs. Dr. Alperin felt that if the City is going to allow the additional residential, something along this line would be a great selling point to bring in the kind of residential (fami- lies) the City wants to attract. He indicated that he plans to suggest to the developer, before the application comes back to the Commission, that serious consideration be given to donating five acres to the School Board for an early learning center. Dr. Alperin commented that he had noticed an article in the paper today about the County Commission approving an agree- ment with F.I.N.D. about the Donald Ross Road Bridge, which is basically what Delray Beach had not wanted to see happen. In the -18- article it listed those bridges which would be affected by this change, and both the Linton and 8th Street bridges were included; however, the Atlantic Avenue bridge was not mentioned. The City Attorney stated the ideal thing would have been to not have the agreement affect any other bridges, but the City was able to get some language in that says if neighboring property owners or a municipality object, that F.I.N.D. will meet with the objecting parties to try to work out a solution that accomplishes the goals of the municipality or the community groups. Mayor Lynch commented that it didn't help when Boynton Beach decided to let their bridge go with the increased stan- dards, but Delray Beach should keep working at it through Kathy Daley to try to get F.I.N.D. restructured. 13.C.4. Mrs. Smith Mrs. Smith inquired about the status of the construc- tion on S.E. 2nd Avenue between Atlantic and S.E. 1st Street. Several merchants have contacted her about it. The City Manager stated he would check on the schedule. Secondly, Mrs. Smith complimented Dan Beatty, City Engineer, on the Venetian Drive project. 13.C.5. Mayor Lynch Mayor Lynch commented that he noticed some of the sea grapes and other plants on the berm along the beach appear to have been removed, leaving some areas looking bare. He asked if these areas were going to be replanted? In response, the City Manager stated that the sea grapes are not being removed, but have been cut back. The scaevola, which is non-native, is being removed, but it will be replaced with native plant material. Mayor Lynch stated that with respect to the Parking Management Team, it seems to him that they have not come back with any structured proposals. Since Delray Beach is really turning around and becoming more successful downtown, the Mayor feels now is the time to go out and look at possible joint ven- tures or something along that line to help the parking situation, especially on the beach side. He feels the Parking Management Team has not been all that responsive, and perhaps it is time to revisit the matter. Kevin Egan, Chairman of the CRA and member of the Parking Management Team, concurred with Mayor Lynch that a joint work session between the PMT and the Commission would be benefi- cial. He further stated that the PMT has been working with the merchants and the city on such issues as the geographic area of exception for the downtown, an ordinance to address valet park- ing, parking on the beach side, as well as review of the parking on S.E. 4th Avenue for the library in conjunction with the street changes being planned there. Mr. Egan acknowledged there has -19- been some frustration, but the Parking Management Team is moving along and continuing to work on various issues. Mayor Lynch encouraged the Parking Management Team to look at broader issues such as land acquisition, recommendations as to potential funding methods, and the formation of joint ventures for the purpose of achieving desired results. There being no further business, Mayor Lynch declared the meeting adjourned at 8:30 P.M. ' City Cl~rk ~ ATTEST~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of February 20, 1996, which minutes were formally approved and adopted by the City Commission on City Cle~ ' NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -20-